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ARTICLE · 14 APRIL 2023

Ontario Reviews Enforcement Of A Foreign Arbitral Award

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The Ontario Superior Court of Justice considered the principles governing the enforcement of a foreign arbitral award under Ontario's International Commercial Arbitration Act, 2017...

CanadaLitigation, Mediation & Arbitration
Ricki T. Johnston
Ricki T. Johnston
Mark Crane
Mark Crane
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The Ontario Superior Court of Justice considered the principles governing the enforcement of a foreign arbitral award under Ontario's International Commercial Arbitration Act, 2017 (the "ICAA"), the Convention on the Enforcement of Foreign Arbitral Awards (the "Convention") and the Model Law on International Commercial Arbitration (the "Model Law") in a dispute between the United States based corporations, Costco Wholesale Corporation and TicketOps Corporation; which dispute also involved related litigation between Costco's Canadian entity and various parties within Canada.

In considering whether an award secured by Costco against TicketOps in the United States could be enforced, the Court confirmed the test to refuse such enforcement was narrow and if the reason for doing so was for procedural fairness or natural justice, the conduct of the arbitrator in granting the original award must be "sufficiently serious to offend our most basic notions of morality or

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